36C24620C0029-000.docx

Contract Opportunity Justification and Approval Notice

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* = Required Field Contract Opportunity Justification and Approval Notice Q403 Contract Award for ED Physician Staffing Svcs for Fayetteville VAMC in Fayetteville, NC.

23667 36C24620R0053 36C246-20-C-0029 N 561320 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 Mario L Santiago 757-251-4254 mario.santiago@va.gov

FAR1

36C24620C0029 $1,115,399.98 04-01-2020

EMERGENCY MEDICAL ASSOCIATES OF NJ PA (INC)

3 CENTURY DR

PARSIPPANY

NJ

07054 mario.santiago@va.gov

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C246-20-AP-2150

1. Contracting Activity: The Department of Veterans Affairs, Network Contracting Office 6 (NCO 6) located in Hampton, VA proposes to enter into a contract on a basis of other than full and open competition in support of the VISN 6 Fayetteville VA Medical Center (FVAMC) located in Fayetteville, NC. The proposed contract number for this emergency award is 36C24620C0029.

2. Nature and/or Description of the Action Being Processed: Network Contracting Office 6 intends to award a new contract to Emergency Medical Associates (EMA). A sole source firm fixed price contract is contemplated for award.

FAR Part 13.5 Simplified Procedures for Certain Commercial Items: This procurement is for Emergency Medicine Physician Staffing services in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The requirement is to provide urgent care physician staffing and management of the Fayetteville VA Medical Center (FVAMC) Urgent Care Clinic (UCC) located at 2300 Ramsey Street, Fayetteville, NC. The total estimated cost is $2,314,800.00 for a six month base period plus one six month option as follows:

4. Statutory Authority Permitting Other than Full and Open Competition:

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above: Emergency Medical Associates is uniquely qualified to provide these services to the Fayetteville VA Medical Center (FVAMC) Urgent Care Clinic. Emergency Medical Associates is ready and available to provide services during and for the duration of the Coronavirus Disease (COVID-19) crisis. They are currently staffing and managing the FVAMC Urgent Care Clinic. Under the direction of Emergency Medical Associates Medical Director all Veterans reporting to the Fayetteville VA Medical Center Urgent Care Clinic receive care. All Veterans reporting to the Fayetteville VAMC Urgent Care Clinic are triaged and given the appropriate care. The Urgent Care Clinic provides ancillary services such as laboratory and x-ray facilities and treats Veterans without scheduled appointments who are in need of immediate attention for an acute medical conditions, psychiatric illnesses, or minor injuries. Emergency Medical Associates provides the physician staffing and management of the FVAMC Urgent Care Clinic to ensure Veterans can receive care. Veterans without access to urgent care are at risk for increased morbidity and mortality compared with the general population. Veterans without local access to urgent care Veterans are subject to longer travel distances and increased wait times. Without the FVAMC Urgent Care Clinic Veterans will be referred to community hospitals and clinics which will increase the amount of fee basis authorizations, depleting the FVAMC’s budgetary resources and negatively impact FVAMC’s ability to directly furnish urgent care services to Veterans. Emergency Medical Associates can provide qualified credentialed and privileged physicians with completed background investigations commensurate with the required risk and sensitivity levels. The credentialing and privileging process can take anywhere from 90 to 180 days and would cause unacceptable delays in providing urgent care to the Veterans. Emergency Medical Associates can successfully ensure services are not interrupted due to their large pool of 50 providers who are mostly local, credentialed at Fayetteville VA Medical Center, have completed background investigation process, and have the qualifications to begin performance on April 1, 2020. Accordingly, Emergency Medical Associates is the only firm capable of providing the services described in Section 3 above without the Veteran Health Administration experiencing unacceptable delays in fulfilling its requirements and providing urgent care treatment to the Veterans.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Human resources recruitment efforts include posting of an open continuous announcement on USAJOBS. Market research was conducted by the NCO 6 to identify available sources and to evaluate the availability of the marketplace to meet the requirement. A GAO protest was received to Solicitation 36C246-18-R-0538 that was issued in July 2018. A sole source contract 36C246-19-C-0001 was awarded to Emergency Medical Associates provide services from October 1, 2018 through March 31, 2020. In November 2019 a determination was made that NCO 6 would take corrective action by cancelling the solicitation, reassessing the requirement and resoliciting and the GAO protest was dismissed.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer will determine that the anticipated price will be fair and reasonable based on a comparison of the proposed prices to current contract prices which were determined fair and reseanoble at time of award. Prior to award a price analysis of the proposed contract price will be performed and documented to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was limited. No other vendors were contacted due to the necessity to sole source this requirement to Emergency Medical Associates. The CO determined that no further market research was required due to the nature and urgency of this requirement and the time it would take to transition to a new contractor.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: There are no other facts than those that have been provided above.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: No applicable.

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required: The Government will continue to conduct thorough market research to gauge the marketplace capabilities for future requirements. The Government will seek competition of future acquisitions for these emergency department physician services.

12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Administrative Officer Medical Services Fayetteville VA Medical Center Urgent Care Clinic

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Branch Chief, Medical Sharing Team Network Contracting Office (NCO) 6

b. One Level Above the Contracting Officer: I certify the justification meets requirements for other than full and open competition.

Director of Contracting Network Contracting Office (NCO) 6

c. VHA SAO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval for other than full and open competition.

Executive Director, RPO East Head of Contracting Activity (HCA)